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ENB - Statewide Notices

Public Notice

Notice of Additional Hearings; Extension of Public Comment Period

Notice is hereby given that the New York State Department of Environmental Conservation (Department or NYS DEC), will hold additional legislative public hearings on proposed amendments to Part 215, Open Fires, Part 191, Forest Fire Prevention and Part 621, Uniform Procedures, pursuant to Environmental Conservation Law, Sections 1-0101, 3-0301, 19-0105, 19-1103, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 70-0707, 71-2103 and 71-2105. These hearings are in addition to hearings listed in a Notice of Proposed Rulemaking that was published in the May 7, 2008 issue of the New York State Register.

Part 215 is being revised to ban most open burning statewide. It is currently only banned in cities, villages and in towns with population greater than 20,000. In addition, the revised rule will limit agricultural burning to naturally grown products such as vines, branches, leaves and stubble. It will also specifically allow such things as fire training, small cooking and camp fires, and ceremonial fires (e.g., proper disposal of U.S. flags by open burning). Finally, the revisions to Parts 215, 191, and 621 will eliminate the need for permits to conduct open burning that is allowed by Part 215.

The Department will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by July 21, 2008, to Laura Stevens, NYS DEC, 625 Broadway, Albany NY 12233-3250, Phone: (518) 402-8451, E-mail: air.regs@dec.ny.gov. All hearings are held in locations that are reasonably accessible to persons with impaired mobility.

NYS DEC will conduct a public information session for one hour prior to each of the public hearings listed in this Notice. During these sessions, NYS DEC staff will entertain questions from the public concerning the proposed rulemaking. Each public information session will commence at 4:00 p.m. and end at 5:00 p.m. These sessions are intended to be informal and will not be part of the official hearing record. Any comments that the public wishes to be included in the record should be submitted during the official public hearing, or by email at the address listed below.

Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, the Department has prepared a Negative Declaration stating that the proposed actions will not have a significant adverse effect on the environment.

The Department invites all persons, organizations, corporations, and government agencies that may be affected by the proposed revisions to attend the hearings. At each hearing, persons who wish to make a statement will be invited to speak. It is requested that oral statements also be submitted in writing. The Department will give equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary for interested parties to attend each hearing. Information may be obtained from Robert Stanton, P.E., NYS DEC - Division of Air Resources, 625 Broadway, Albany NY 12233-3254, Phone: (518) 402-8403, E-mail: 215fires@gw.dec.state.ny.us. Written statements may be submitted until 5:00 p.m., August 14, 2008.

The deadline for submitting written statements regarding the proposed amendments, which was July 10, 2008, has been extended due to the additional hearings. Written statements must be submitted no later than 5:00 p.m., August 14, 2008.

The proposed regulation may be obtained from any of the following Department offices:

Lead Agency: New York State Department of Environmental Conservation (NYS DEC)

Project Title: Adoption of the New York State Department of Environmental Conservation Bureau of State Land Management Rutting Guidelines for Timber Harvesting and Temporary Revocable Permits on State Forests

Project Location: All State forests in regions 3-9, see counties above

Project Description: These proposed guidelines are provided as a tool to assist the Bureau of State Land Management staff when conducting a timber harvest or implementing the conditions of a Temporary Revocable Permit (TRP) on State Forests in Regions 3 - 9. They will help staff determine when and how to address soil compaction and rutting which may affect site productivity, disrupt surface drainage and infiltration and contribute to sediment movement from erosion during activities associated with TRPs and timber harvesting on State Forests. These guidelines are intended to ensure that procedures are applied to all timber harvests and TRPs involving the use of equipment on pre-existing and new public forest access roads, haul roads, landings, skid trails and the general harvest area on State forests. By doing so, each timber harvest and TRP is undertaken in a comprehensive and consistent manner. Furthermore, these procedures include restrictions and conditions to avoid and minimize impacts on water quality and the environment and to maintain the overall working forest character of the access system, therefore, these proposed guidelines are intended to provide greater protection to water quality and the environment.